SCOTUS broke with longstanding precedent by refusing to ensure that the political process in Michigan is not used by the majority to suppress the minority's right to equal participation.

The plurality decision allows Michigan's Proposal 2 to stand. The ballot initiative changed the state constitution by placing a higher burden on those seeking to have race considered as one of many factors in university admissions, than those who seek to have other factors considered, such as alumni status, geography, or athletics.

NAACP LDF highlighted Justice Sotomayor's powerful dissent:

“Contrary to today’s decision, protecting the right to meaningfully participate in the political process must mean more than simply removing barriers to participation. It must mean vigilantly policing the political process to ensure that the majority does not use the other methods to prevent minority groups from partaking in the process on equal footing.”